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Robert Miller’s Answers

I am a 25% beneficiary on a property left to me, my brother had default on loan on prop now unit is up 4 auction

After being left as a beneficiary on this property from my mother my share has been in the care of a trustee. My brother also has a share in the property and had taken out a loan and has since defaulted now the property is going to auction and I w...

Robert’s Answer

April 23, 2014 6:08pm

I assume the Trustee had the authority to borrow, so that if there is no equity everyone's share would be wiped out. The issue is why and how the Trustee did or did not do what was necessary to sell and/or otherwise prevent the trust having reached this point. If the Trustee can not or will not provide satisfactory explanations, then you would need to employ an experienced probate or trust attorney in the county of residence of the Trustee to petition the court for an order compelling an accounting, and, ultimately, a surcharge (damages) if and when shown there has been a breach of fiduciary duty.
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

Our father died a few months ago. He owned a house that his widow would like to sign over to us. What paperwork do we need?

Our father did have some debt, but not more than the value of his home. Would we need to sell the home to cover his debts then keep the rest. Where can I obtain the necessary paperwork for his widow to sign?

Robert’s Answer

April 23, 2014 6:03pm

This would be Delaware-specific assuming the decedent died in Delaware. Assuming the value of the house requires probate, you can petition to probate the estate at the same time the widow signs a declination of interest and/or nominates you to act, simultaneously assigning all of her interest in the estate to you. You should employ an experienced probate attorney in the county of last residence of your father.
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If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

I got a summons.
What to do?

I got a summons.
I worked as a loss prevention officer for a department store and accused a female of stealing. She was arrested and then there was a jury trail that I testified. I later heard that the case was dismissed. A year later I ...

Robert’s Answer

April 23, 2014 2:47pm

The answer to all of your questions is "yes", and without delay. While the probable outcome will be that the company's lawyers will respond for one and all, until that happens you are wise to make sure that no default is taken against you until you are certain you have representation.
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If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

What kind of lawyer do I talk to for a dog training facility scam?

I paid a lot of money to have my dog trained a specific way at a training facility. She was there for 7mo and I'm over $10K in training costs. To cut it short, when my dog returned back she was worse than when I sent her and not trained how we had...

Robert’s Answer

April 22, 2014 3:56pm

Any civil lawyer would have the knowledge sufficient to file and prosecute what is essentially a breach of contract case, with arguable fraud causes. The amount involved, however, may make it difficult to find an attorney as the economics are not there. The $10,000 jurisdictional limit of the Small Claims court may actually prove to be more cost-effective.
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If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

I forgot to list the references to the uncontroverted facts on the separate statement.Is this an errata or leave to amend item?

I forgot to list the references to the uncontroverted facts on the Separate Statement. Is this an errata or leave to amend item?

Robert’s Answer

April 22, 2014 3:50pm

You do not say if you are the moving or opposing party. Assuming you are asking about a motion for summary judgment, the references are mandatory. A leave to amend would not seem appropriate but not impossible. Similarly, an "errata" may be considered as untimely but it is always up to the discretion of the judge whether it will be considered at all. If you were the moving party, a new motion would possibly be the cleanest if not the fastest method to avoid having filed an incompetent motion. These motions and opposition thereto are very technical and will be lost for the smallest of technicalities. Accordingly, employment of experienced counsel is recommended.
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If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

Will my credit be ruined if mortgage is in my wife's name?

My wife had a town home before we were married. When we married we bought a home together and rented the town home. After 3 years, we were unable to find another renter for the town home and my wife pursued a deed in lieu of foreclosure. We now...

Robert’s Answer

April 22, 2014 2:44pm

As a general rule, only the person who signed the promissory note secured by the mortgage would be obligated to make payments, and only that person's credit would be effected by failure to pay. That you were on the deed as a record title owner would not incur an obligation on the promissory note so, no, your credit should not be effected and, yes, there should be no harm in signing the deed in lieu if the lender is requesting and willing to accept it.
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If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

Backed off from the purchase contract and lost the earnest money.

We were in purchase agreement for one house . During inspection it was discovered that there was prior treatment for subterranean termite. Although the seller claimed that the treatment was preventative there was no follow-up documentation or ins...

Robert’s Answer

April 22, 2014 2:40pm

You do not tell us how much earnest money was involved, but probably more than a consultation with an attorney before having let it go. First, if the purchase agreement has a mediation and/or arbitration clause, that must be followed in any effort to recover the money. Otherwise, you may sue in the court in the county where the seller resides. The fact that you signed the agreement releasing the money under bad advice of your fiduciary (agent) is a negative but not fatal circumstance. Again, this is all about economics and whether or not there is sufficient value to expend the time, money and effort to recover your deposits.

Do I need Executor Of Estate document for the mortgage company if I have Transfer on death Deed...

do I need Executor of Estate to show the mortgage company if I have Transfer On Death Deed?

Robert’s Answer

April 22, 2014 2:35pm

An executor of an estate should be appointed wherever there are assets of the decedent to be administered. It seems that the transfer on death deed effectively establishes you as the successor owner of record so there are no assets of the decedent to administer and no need for a probate estate. We cannot in this circumstance imagine why the mortgage company would insist otherwise. If it becomes a real problem, employ an experienced real estate attorney convenient to yourself.
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If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

If a person signs as the sole owner of prooerty,with the taking of the deed,,signing as the sole owner on the title,but knows he

knows he is not the sole owner,and says he sold the home,that was assessed at 1.2m. but hew sold for 2.4m. and also drag the youngest daughter who had a life estate at the property,through probate court with a suit that has no grounds.on the fact ...

Robert’s Answer

April 22, 2014 2:31pm

Selected as best answer

You do not ask a question but state facts indicating displeasure with the acts of a person acting as trustee. You also indicate there has been a probate court proceeding. Whenever a beneficiary has evidence of misconduct by a trustee, violation of the fiduciary duties to which he or she is upheld, an action in the probate court is the correct place to seek accountings and, if appropriate, removal and replacement. Employ experienced probate counsel in the county where the trustee resides.
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If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

California state law suit - can a party subpoena a witness who lives in a different country?

Hi. I live in Taiwan. Occasionally, I travel to U.S. for a conference or vacation (once every few years). I received a subpoena for deposition by mail for a lawsuit in orange county, california. It's a California deposition subpoena for person...

Robert’s Answer

April 21, 2014 4:39pm

It is not completely clear in the question as to whether you are a party (plaintiff or defendant), or non-party (just a person who may have some information wanted by a party). Assuming that you are a non-party witness, the answer is that you may ignore the subpoena. The burden will be upon the party who wants your deposition to try and work it out in a way satisfactory to yourself. If you happen to get personally served with the deposition subpoena during one of your trips to California, however, the answer would be different.
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If you like the answer, please click “best answer” or “helpful”, its good for your Karma
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.